How can A Degree holder attach the property of judgement debtor according CPC?

In India, the Code of Civil Procedure, 1908 (CPC) governs the procedure for attaching the property of a judgment debtor when executing a decree. If you are a decree holder (i.e., a person in whose favor a court has passed a decree), you can follow these steps to attach the property of the judgment debtor:

Steps to Attach the Property of a Judgment Debtor under CPC:

1. File an Execution Petition (Order 21, Rule 11)

• The decree holder must file an execution petition before the court that passed the decree or the court to which it is transferred.
• The petition should include:
  • Case details
  • Details of the judgment debtor
  • Details of the decree (money decree or any other)
  • Request for attachment of property

2. Identify the Property for Attachment

• The decree holder should provide details of the property (movable or immovable) belonging to the judgment debtor.
• If details are unknown, an application can be filed under Order 21, Rule 41 to compel the judgment debtor to disclose assets.

3. Court Issues a Notice to Judgment Debtor (Order 21, Rule 22)

• If more than two years have passed since the decree or the judgment debtor was not a party to the decree, the court must issue a notice before proceeding with attachment.

4. Court Orders Attachment of Property (Order 21, Rules 54 & 43)

• If the judgment debtor does not satisfy the decree, the court may order the attachment of:
  • Movable Property (Order 21, Rule 43) – Seizure by court officers.
  • Immovable Property (Order 21, Rule 54) – Public proclamation and prohibition of sale/transfer.

5. Sale of Attached Property (Order 21, Rule 64)

• If the debtor fails to pay even after attachment, the court may order the sale of the property through public auction.
• The sale proceeds will be used to satisfy the decree.

Important Restrictions on Attachment

• Certain properties cannot be attached, such as:
  • Necessary household items (Section 60, CPC)
  • Salary of a government employee beyond a certain limit
  • Pension, Provident Fund, etc.

Conclusion

To attach the property of a judgment debtor, a decree holder must file an execution petition, identify the property, and follow CPC procedures for attachment and sale. If the debtor refuses to comply, the court has the power to enforce execution through various means.

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